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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum Mahkamah: Jurnal Riset Ilmu Hukum Konsensus: Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Jurnal Multidisiplin Indonesia Greenation International Journal of Law and Social Sciences Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health Proceeding International Conference Of Innovation Science, Technology, Education, Children And Health
Azis Budianto
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Optimizing Asset Recovery Through the Implementation of Article 12 B (Gratification) and Money Laundering in Handling Corruption Crimes Asep Guntur R; Azis Budianto
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.592

Abstract

One of the goals of the Corruption Eradication Law is asset recovery. This is evident in the Law Number 20 of 2001 modification to Law Number 31 of 1999 for the Eradication of Corruption. This is inextricably linked to lawmakers' understanding that corruption is a serious crime that harms the country's economy by causing state assets to be unlawfully transferred to corrupt officials and their associates. This research aims to analyze how law enforcement officials, specifically the Corruption Eradication Commission (KPK), can implement existing articles and laws to maximize the recovery of state financial losses due to corruption before the asset confiscation law is enacted by the government. This research uses an empirical legal research method, examining how the law works to achieve its objectives. The theory used is Nonet and Selznic's responsive legal theory. This theory teaches that law is not merely a system of regulations but examines the impact of the application of legal norms on the objectives of the law itself. According to the study's findings, law enforcement officials at the Corruption Eradication Commission (KPK) can use information from the State Officials' Wealth Report (LHKPN) to spot increases in the wealth of suspected corruption offenders in order to achieve one of the goals of the corruption law, which is the recovery of state financial losses or asset recovery, prior to the implementation of the asset confiscation law. This data is combined with secondary data from field surveys on the wealth ownership of suspected corruption perpetrators and data from other stakeholders such as the Financial Transaction Reports (PPATK), Banking, Taxation, National Land Agency (BPN), and others. This spike in wealth is then analyzed in relation to the period of the spike and correlated with the position of the suspected corruption perpetrator at the same time. Furthermore, Article 3 of Law Number 8 of 2010 concerning the Crime of Money Laundering, as well as Article 12B (Gratification) of Law Number 31 of 1999, as amended and supplemented by Law Number 20 of 2001, apply.
Legal Gaps in the Protection of Female Workers in the Informal Sector Based on Digital Platforms as a Basis for Reforming Labor Law in Indonesia Wardatul Asriah; Azis Budianto
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 3 No. 1 (2026): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v3i1.1698

Abstract

This study aims to analyze the legal gaps in regulating the status and protection of female workers in the informal digital platform-based sector and to formulate a direction for gender-sensitive labor law reform in Indonesia. The research method used is normative juridical with a statutory and conceptual approach, through an analysis of various regulations related to employment, women's protection, and social security. The results of the study indicate that there is a legal gap due to the non-recognition of platform workers as legal subjects in employment relations, so that female workers do not receive normative protections such as social security, maternity protection, wage certainty, and protection from digital-based violence. This condition has legal implications in the form of legal uncertainty, hidden exploitation, and strengthening gender inequality in the digital workplace. Therefore, it is necessary to reconstruct labor law that is adaptive to the development of the digital economy by integrating the principles of gender-responsive law, through recognizing the status of platform workers, expanding access to social protection, and strengthening regulations for the protection of female workers comprehensively to realize substantive justice.
Optimizing the Role of the Police in Handling Drug Distribution to Maintain Security and Order and Protect the Community (Study in Kapuas Hulu Regency) Rinto Sihombing; Azis Budianto
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 3 No. 2 (2026): Juni : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v3i2.3113

Abstract

This study aims to analyze the effectiveness of the Police's role in handling narcotics trafficking in Kapuas Hulu Regency and identify legal gaps that hinder the optimization of law enforcement, while simultaneously formulating relevant legal reforms. The method used is normative juridical with a statutory and conceptual approach, through a study of Law Number 2 of 2002 concerning the Indonesian National Police and Law Number 35 of 2009 concerning Narcotics. The results of the study indicate that although normatively the Police's authority has been clearly regulated, its implementation in border areas such as Kapuas Hulu still faces various obstacles, including limited resources, geographical conditions, weak coordination between institutions, and the absence of specific regulations that accommodate the characteristics of border areas. In addition, there are legal gaps and unclear norms in the aspects of authority, coordination, and community-based prevention mechanisms and handling of technology-based crime modes. Therefore, legal reconstruction and reform are needed through strengthening regional-based regulations, increasing the police's accountable discretionary powers, strengthening cross-sectoral coordination, and integrating penal and non-penal approaches to create a more effective and adaptive law enforcement system in combating narcotics trafficking and providing optimal protection to the community.
Legal Voids in the Regulation of Immaterial Compensation and the Role of General Court Judges in Building Progressive Judicial Standards Ismu Bahaiduri Febri Kurnia; Azis Budianto
Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi Vol. 3 No. 3 (2026): Juni : Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konsensus.v3i3.1745

Abstract

This study aims to analyze the legal vacuum and normative ambiguity in the regulation of immaterial damages in Indonesian civil law and reconstruct the role of general court judges in developing progressive judicial standards. Normatively, Articles 1243, 1246, and 1365 of the Civil Code recognize the existence of "loss" as a basis for awarding compensation, but do not provide an explicit definition, objective parameters, or quantification standards for immaterial losses. This condition creates a wide scope for judges' discretion and impacts disparity in decisions in general judicial practice, thereby weakening legal certainty and predictability. The study employs a normative juridical method with a statutory and conceptual approach to examine the construction of norms, court decision practices, and the legitimacy of legal discovery by judges based on the Law on Judicial Power. The study results indicate that the vacuum in the regulation of immaterial damages quantification requires an active role of judges in conducting legal discovery in a measured manner through the application of the principles of proportionality, propriety, and substantive justice. As a model for legal reform, this study recommends jurisprudence consolidation and judicial guidelines development by the Supreme Court to establish consistent and accountable standards. Thus, general court judges function not merely as mouthpieces of the law, but as actors in legal reform within a state based on the rule of law that ensures a balance between certainty and justice.
Co-Authors Asep Guntur R Eunike Petra Rebecca Pariela Evita Isretno Israhadi Faisal Faisal Ismu Bahaiduri Febri Kurnia Juben MS Sagala Mohammad Reza Nugroho Nugroho Ridwan Anthony Taufan Rinto Sihombing Suparno Suparno Suyanto R. Sumarta Tiur Hasmida Hutagalung Wardatul Asriah